AIMS AND CONTENT

LEARNING OUTCOMES

form of comparative legal systems

AIMS AND LEARNING OUTCOMES

The aim of Part II is to complete students’ general knowledge on foreign legal orders – specifically – on Civil law jurisdictions. In Part II there will be also special focus on private law legal arrangements always in order to train professionals who are able to interact with lawyers from different legal orders.

Thanks to the focus on those specific subjects and to case law analysis, during the course, students shall extend their legal knowledge and their culture as well. They will acquire the ability to understand (and use) foreign legal sources.

At the end of this Part, students shall have understood the comparative method, shall have achieved a general knowledge of foreign legal systems and of those jurisdictions’ legal arrangements (those which were object of the course). Thanks to the understanding of brain patterns and legal rules very distant from our own, they shall also be able to critically assess the subjects of their studies.

TEACHING METHODS

The course will be taught mainly by lectures, also by the use of multimedia tools and seminars. There will be also interactive classes with the use of tools and methodologies in accordance with the Ateneo’s project for innovating teaching. Some issues may be subject of in-depth studying in seminars or conference run by scholars from other universities or even judges or lawyers, experts in the field.

SYLLABUS/CONTENT

Part II shall be focused on the historical development of the law in continental Europe from the year 1.000 a.C. through the evolution of legal (and philosophical) studies leading Europe towards the XX century codification movement. There will be a special deepening on Code civil and BGB (French and German civil code). Part II will not be just about historical development, but there will be analysis of legal sources, legal thinking and legal arrangements of the countries object of the course.

Some specific topics (such as family law) shall be object of specific seminars.

RECOMMENDED READING/BIBLIOGRAPHY

Laurea Magistrale in Giurisprudenza

Part I

Attending students

V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, ch. I, III, and V (addendums excluded)

NOT attending students
V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, ch. I, III and V (addendums excluded)

R. Cavalieri (cur.), Diritto dell’Asia Orientale, 2° ed, Venezia, 2019, pp. 15-129

Part II

Attending students

V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, cap. II e IV (addendums excluded)

NOT attending students

V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, cap. II e IV (addendums excluded)

M. Lupoi, Sistemi giuridici comparati, Traccia di un corso, ESI, 2001, pp. 1- 172

TEACHERS AND EXAM BOARD

Exam Board

FRANCESCA BRUNETTA D'USSEAUX (President)

UMBERTO DE MAGISTRIS

ELENA ANNA GRASSO (President Substitute)

ALESSANDRO CAPROTTI (Substitute)

MATTEO PATRONE (Substitute)

SIMONE PITTO (Substitute)

LESSONS

LESSONS START

Class in the II semester will take place from February 13th to May 12th 2023
 

Class schedule

SOME TOPICS OF COMPARATIVE PRIVATE LAW A

EXAMS

EXAM DESCRIPTION

Laurea Magistrale in Giurisprudenza

Attending students will take two written examinations, the first one – at the end of Part I – in December 2022 and the second one – at the end of Part II – in May 2023. The exam will be on the programs taught in class, included the arguments subject on an in-depth-studying and the materials used in class (on aulaweb). The final mark will be the arithmetic mean of the marks students got in the two written examination, but the teacher may still increase the final marks in cases of particular outcomings. 

If attending students do not want to take both of the two written examinations, they may take the (oral) exam at the dates fixed by the Department's schedule. In this case students must study the books indicated on the Manifesto (in this case, the exam is a whole and students must take it in one solution. 2nd year students must take the exam not before the end of the course, after the conclusion of the second Part, so from may 2023).

Attending students must attend at least 2/3 of the classes of the entire course. Attending will be checked by random roll calls. Attendance will last until autumn of the next academic year.

NOT attending students: They must take the oral exam in one solution at the end of the course, during regular session of examination) 2nd year students must take the exam after the end of the course, following the conclusion of the second Part, so from may 2023).

If there will be to many students enlisted for the oral exam, there may be a brief written multiple-choice test on aulaweb (for both attending and not attending students). Only students who will pass the multiple-choice test will take the oral exam.  

Please note: All the students that want to take the oral exam must register online (within 5 days from the exam's day) by following the University's specific procedures.

ASSESSMENT METHODS

The aim of the exam is to assess student knowledge of foreign legal orders' key elements. It is also to verify the achievement of a proper legal vocabulary and the ability to sort and understand sources of law.

There may also be essays and presentations made by willing students that will enable the examiners to evaluate students’ ability to orient themselves in legal areas (that were object of the course).

Exam schedule